Appeal 2007-3881
Application 09/833,782
metalloprotease family that bind and cleave protein substrates such as
angiotensin and neurotensin (typically between pro and tyr residues). As
such, neurolysins have been implicated in a number of biological processes
and anomalies such as blood pressure regulation, kidney function, pain
management, cardiac disease, natriuresis and diabetes.” (Id. at 1: 24-30).
DISCUSSION
1. CLAIMS
Claims 1-5 are pending and on appeal. Claim 3 is representative and
reads as follows:
3. An isolated nucleic acid molecule comprising a nucleotide
sequence encoding the amino acid sequence shown in SEQ ID NO: 2.
Claim 3 is directed to a polynucleotide encoding the protein described
in the Specification as a “human protein . . . shar[ing] structural similarity
with animal neurolysins and angiotensin-binding proteins” (Spec. 2: 5-10).
2. UTILITY
Claims 1-5 stand rejected under 35 U.S.C. §§ 101 and 112, first
paragraph, as lacking patentable utility. The Examiner acknowledges that
the Specification “discloses that the claimed polynucleotide encodes a
protein[ ] which shares structural similarities with mammalian neurolysin”
(Answer 9). The Examiner also acknowledges that “[a]t the time [the]
application was filed the function of neurolysin was well established for
mammals. . . . The characteristic features of neurolysin [are] that it cleaves
neurotensin between residues Pro10 and Tyr11, and that it binds
angiotensin.” (Id. at 10.) The Examiner specifically states, in fact, that “the
2
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